Arunraj v. The Inspector Of Police(Crime)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. Arunraj

2. Anbuselvan

3. Manikandan ... Petitioners/Accused No.1 to 3 Vs.

1.The Inspector of Police, (Crime) Vilakkuthoon Police Station, Madurai City, (Crime No.672 of 2021)

2. Achappan Mahalingam ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the FIR in Crime No.672 of 2021 dated 06.12.2021 on the file of 1st respondent police and quash the same.

For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.R.M.Anbunithi R1 Additional Public Prosecutor R2 : Mrs.Porkodi Karnan

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No. 672 of 2021, on the file of the first respondent police, for an alleged offences under Sections 406 and 420 of IPC.

2.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 1/3

3.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel.

4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. Even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.672 of 2021 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.672 of 2021, on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 10.03.2022.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Enclosed herewith Copy of the Joint Compromise Memo Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector of Police, (Crime) Vilakkuthoon Police Station, Madurai City, (Crime No.672 of 2021)

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

The District Siddha Medical Officer, CCRI, Periyakulam. +1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-8549[F] dated 24/02/2022 ) 24.02.2022 RD(07.03.2022) 3P 5C 3/3